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HomeMy WebLinkAboutPD-133-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: TRULLS.GPA REPORT Meeting: General Purpose and Administration Committee File # a 9sod� Date: Monday, October 7, 1996 Res. #C —U" Report #: PD- 133 -96 File #: PLN 17.9.3; 18T- 95029; DEV 95 -20 By -law # Subject: TROLLS ROAD WOODS ENVIRONMENTAL IMPACT STUDY FILES: PLN 17.9.3; 18T- 95029; DEV 95 -20 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 133 -96 be received; and 2. THAT the awarding of the contract for the Environmental Impact Study for the Trulls Road Woods be exempted from the requirement of By -law 94 -129, as amended, being the Municipality's Purchasing By -law, if the value of the contract exceeds $20,000.00. 1. BACKGROUND 1.1 Section 4.3.8 of the Clarington Official Plan requires the preparation of an Environmental Impact Study for any development application located within or adjacent to a natural feature identified on Map C of the Official Plan. The consultant undertaking the study is to be retained by the Municipality at the expense of the applicant. 1.2 Black Creek Developments has submitted Subdivision Application 18T -95029 and Rezoning Application DEV 95 -020 to permit the development of a residential subdivision. The site subject of the applications is traversed by a cold water stream and is located partially within and adjacent to the Trulls Road Woods and 626 REPORT NO. PD- 133 -96 PAGE 2 the Lake Iroquois Beach, all of which are identified as natural features on Map C1 (see Attachment No. 1). 1.3 Staff from the Planning Department and the Central Lake Ontario Conservation Authority met with the applicant, Mr. Hannu Halminen of Black Creek Developments, on September 18, 1996 to discuss the requirements of the Official Plan regarding the preparation of an Environmental Impact Study. Mr. Halminen advised that he had already retained the consulting firm of Gartner Lee Limited to prepare an Issues Paper on the environmental features in the area which will help establish the Terms of Reference for the Environmental Impact Study. 1.4 Staff and Mr. Halminen agreed at the meeting that, upon completion of the Issues Paper, the preparation of the balance of the Environmental Impact Study would proceed in accordance with the provisions of the Official Plan. In this regard, Mr. Halminen has submitted a Letter of Undertaking to the Director of Planning (see Attachment No. 2) to indicate that, once the Issues Paper has been submitted and finalized by the consultant, he will discharge the consultant on the understanding that the Municipality will engage Gartner Lee to complete the balance of the Environmental Impact Study. Upon receipt of a quotation from Gartner Lee for the balance of the Study, Mr. Halminen will provide to the Municipality an unconditional Letter of Credit for the anticipated study costs. 2. COMMENTS 2.1 The approach agreed to by Staff and Mr. Halminen ensures that the Environmental Impact Study for the Trulls Road Woods will be prepared in accordance with the Municipality's Guidelines (see Report PD- 132 -96 on today's agenda). The Guidelines require the same consultant to undertake Phases 1 and 2 of an Environmental Impact Study. Staff note Gartner Lee's considerable REPORT NO. PD- 133 -96 PAGE 3 experience with environmental issues in Courtice and accordingly, have no objection to retaining the firm to continue the Phase 2 Study. 2.2 The Municipality's Purchasing By -law (By -law 94 -129, as amended) requires the purchase of consulting and professional services to proceed as follows: for services estimated to cost less than $20,000.00 and funds are provided in the appropriate budget, the initiating Department may select and enter into a contract with a consultant without the need for proposals to be submitted and without Council approval; • for services estimated to cost more than $20,000.00 and funds are provided in the appropriate budget, written proposals from a number of consultants are to be obtained and the purchase of services approved by Committee and /or Council; the contract with the consultant in this case is to be by a formal agreement signed by the Mayor and Clerk or by a purchase order issued by the Purchasing Agreement. 2.3 Staff note that the cost of the Trulls Road Woods Environmental Impact Study will not be determined until the Issues Paper currently being prepared by Gartner Lee for Black Creek Developments has been completed. In the event that the study cost exceeds $20,000.00, an exemption from the Municipality's Purchasing By -law would be required to permit Gartner Lee to be retained in the absence of proposals from other consultants and to permit the Director of Planning to enter into a contract with the firm without Council authorization. Staff note that the developer will be paying the full costs of the Study. A contract will not be signed with Gartner Lee until the funding for the entire Environmental Impact Study has been secured by Letter of Credit. REPORT NO. PD- 133 -96 PAGE 4 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development JAS *DJC *FW *cc Attachment #1 - Key Map Reviewed by, W. H. Stockwell Chief Administrative Officer Attachment #2 - Letter of Undertaking from Mr. Hannu Halminen, President, Black Creek Developments Ltd. September 27, 1996 Interested parties to be notified of Council and Committee's decision: Mr. Hannu Halminen, President Black Creek Developments Ltd. 1748 Baseline Road W. Courtice, Ontario L1 E 2T1 Ms. Dale Hoy & Mr. Steven Usher Gartner Lee Limited 140 Renfrew Drive Suite 102 Markham, Ontario L3R 6133 ATTACHMENT #1 GUIDELINES FOR ENVIRONMENTAL IMPACT STUDY FOR TRULLS ROAD WOODS DEV. 95 -020 , 18T -95029 LOT 30 LOT 29 SUBJECT SITE ® SOKE QIS I O LA IROQUOIS BEACH KEY Map ; ` . WOODLOT rolwl n. z 0 V) V) w U Z 0 U 96 -003 905- 436 -9605 HALMINEN HOMES 701 P02 SEP 25 196 11:38 Attachment No. 2 8LACKCREEK DEVELOPMENTS LTD. 1748 Baseline Rd. W. Courtice, Ontario L1E 2T1 September 24, 1996 Mr. Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Sir: RO: Environmenta.l, I1 P40t Study - P14n Of SubdiVisiOn i8T -95029 Part of Lots 30 and 31, Conoession 31 courtice ------------------------------------------------------------------- On September 18th, 1996, 1 met with your staff to review the requirements of the Clarington official Plan with respect to the environmentally sensitive features, including the Trull's Road Woods, related to the above - referenced site. Section 4.3.8. of the official Plan requires that proponents bear the costs of an Environmental Impact Study conducted under the sponsorship of the Municipality. I have engaged Gartner Lee to prepare an Issues Paper on the environmental features in the area which will help establish the Terms of Reference for -the Environmental Impact Study. I understand that your staff is establishing a steering committee of agency staff to review this study. This letter serves as my commitment to you to undertake the Environmental Impact Study in accordance with the provisions of the new clarington official Plan. Upon completion of the Issues Paper (Phase 1) , I will discharge the consultants, Gartner Lee, on the understanding that the Municipality will engage the same consultant to complete the balance of the Environmental Impact Study (Phase 2). I understand that you may require Councils approval to waive the Municipality's Purchasing By -law for this purpose. Upon establishing the Terms of Reference for Phase 2 of the Study, and receipt of a quotation from Gartner Lee, I will provide the Municipality an unconditional Letter of Credit for the anticipated Phase 2 study costs. This will be provided as soon as possible after the Steering Committee reviews the Issues Paper on october 18, 1996. ...2 W 905- 436 -9605 HALMINEN HOMES 701 P03 SEP 25 196 11:39 Page 2 September 24, 1996 In recognition of the need to conduot monitoring and collect baseline information on the study area in all seasons, i will authorize the consultants to commence some of the work which will form part of Phase 2 during the Phase I period. I do this in an effort to complete a thorough study in the shortest possible time period. I completely indemnify the Municipality for any of these costs. I am taking this action in good faith on the part of the consultants, the Municipality and myself. z also realize that only Council can authorize this work on behalf of the Municipality. Yours truly, Hannu T. Halminen President